Delhi HC agrees to hear plea against closure of Jantar Mantar as protest site
The Delhi High Court agreed to hear on Tuesday a petition regarding the alleged closure of Jantar Mantar as a protest site in the Capital.
A lawyer mentioned the matter before a bench of Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma on Monday, stating that peaceful protests were being quelled as authorities had not earmarked an alternative site for them.
The court also agreed to hear on Tuesday another petition alleging that “outsiders” had entered the protest held over the weekend and harassed the protesters.
National Students’ Union of India president Vinod Jakhar’s petition sought a “fair, independent and time-bound probe into a series of assaults committed in broad daylight” on October 10 on ordinary protesters. When the counsel urged the bench to urgently hear the petition regarding the protest site on Monday, the court observed that the issue was also being looked into by the Supreme Court.
“The Supreme Court is equally seized of the matter. Not only that, but the Supreme Court has called on the Union to file their affidavits also. Once the Supreme Court is seized of it, we have to see — to what extent we can look at it again. That’s why let us have it tomorrow,” the bench responded.
The lawyer mentioning the matter told the bench that the “right to free speech has been quelled to a great extent and that has enormous impact”.
“Now today Jantar Mantar is also closed. There is no other place which has been earmarked by the executive to actually carry out a protest in accordance with law. Peaceful protests are being quelled today. This is absolutely going to be a black day. We have faced this in 1975,” the lawyer said.
Hundreds took to the streets on October 10 and 11 after the Cockroach Janta Party (CJP) called a protest against Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls.
Jakhar’s public interest litigation claimed that there are videos of “anti-social elements” in civil dress manhandling and beating peaceful protestors. If such incidents are not examined, there will be a chilling effect on the exercise of fundamental freedoms of speech and expression, the right to assemble peaceably and without arms, and the right to move freely throughout the territory of India, the plea argued.
It sought directions to the authorities to preserve and to hand over to the investigating team the CCTV footage of October 10 from 12 noon to 6 pm from all cameras at the Inner and Outer Circle of Connaught Place, Indira Chowk, the stretch outside Khadi Gramodyog Bhavan, Sansad Marg, Janpath and Jantar Mantar Road, and at the Rajiv Chowk, Janpath, Patel 22 Chowk and Barakhamba Road Metro stations.
Separately, on Monday, Delhi Police announced that Jantar Mantar has been denotified as a designated site for protests and named three new spots for holding such demonstrations.
Delhi Police Commissioner Anurag Kumar issued the standing order on October 11, naming Ramlila Maidan, Burari Ground and CBD Ground as the new designated sites for protests and demonstrations.
